Husband's modest abuse of process claim against divorcing spouse, arising out of false domestic assault claim, is upheld
Donald Cheney sued his wife of eight years, a woman of Indian citizenship, for divorce. She responded the following day with a complaint of spouse abuse, and he was arrested and held for three days. Ultimately the divorce was granted and Cheney secured a modest judgment for abuse of process, malicious prosecution and intentional infliction of emotional distress. He appealed the modest judgment, but it was upheld by the Appeals Court, which also upheld the judge's decision to grant rehearing.